Complaint Procedure
The ecommerce operator www.oakshop.cz is ONE ICON s.r.o. with its registered office at Na Struze 155/5, 779 00 Olomouc Identification Number: 07178468
The Company is registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 74788 (also referred to as "Oakshop.cz" or the "Seller").
I. General provisions
1. The Complaint Procedure Code was elaborated in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter "NOZ") and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter "the Act"). and applies to consumer goods (hereinafter referred to as "Goods") in which the buyer's rights under the liability for defects (hereinafter referred to as "Claims") are exercised during the warranty period.
2. The Complaints Procedure is an integral part of the General Terms and Conditions. By signing the Purchase Agreement, the Buyer agrees to the General Business Terms and Conditions and to this Complaint Procedure and confirms that he / she is properly acquainted with them.
3. The customer of the internet store Oakshop.cz is either Buyer-consumer within the meaning of Section 2 (1) a) of Act No. 634/1992 Coll. (hereinafter referred to as the "Buyer-consumer") or the buyer-entrepreneur who acts in the course of his / her business activity (hereinafter referred to as "Buyer-entrepreneur") when concluding and fulfilling the contract. Buyer - Consumer and Buyer - Businessperson are collectively referred to as "Buyers".
4. The Seller shall act in the course of its business activity when concluding and fulfilling the Purchase Contract. Seller is an entrepreneur who delivers products or services to the Buyer directly or through other entrepreneurs.
II. Seller's liability
1. The Seller is liable to the Buyer for the Goods to have no defects. In particular, the Seller replies that at the time the Buyer took over:
- the property has properties negotiated by the parties and, in the absence of an arrangement,
such properties as the Seller or the manufacturer has described or which the Buyer has
expected in view of the nature of the goods and the advertising they are making,
- the thing is suitable for the purpose which the Seller indicates or to which the thing of its
kind is usually used for its use,
- the matter corresponds to the quality or performance of the agreed sample or original if the
quality or design has been determined according to the agreed sample or original,
- is the thing in the appropriate quantity, degree or weight and,
- the case complies with legal requirements.
2. The Goods shall be accompanied by a tax document. If a Warranty Certificate is not attached to the Goods, a tax document is used to claim the claim.
III. Rights of Liability for Goods defects
1. Obvious damage to the Goods or its packaging at delivery shall be promptly resolved with the carrier and the inconsistencies in the delivery note (shipping slip). The Buyer is not obliged to accept such Goods from the carrier and informs the Seller about the damage identified without undue delay. On the day of receipt, the Buyer will properly check the integrity of the Goods and the completeness of their accessories.
2. In the case of personal collection by the Buyer, the moment of taking over the Goods is the moment of transition of the risk of damage to the Goods from the Seller to the Buyer. If the Purchaser fails to take a look at the takeover, it may claim the defects found during this inspection only if it proves that these defects (such as missing accessories) had Goods already at the time of transition. Subsequent Claims of Incompleteness of Goods or External Damage Goods do not exempt the Buyer from the right to object. However, the seller has the possibility to prove that there is no conflict with the sales contract.
3. Complaints Goods may be personally made by the Buyer-Consumer at the address of the Seller ONE ICON s.r.o., Na struze 155/5, 779 00 Olomouc or by the shipping service to ONE ICON s.r.o., Na struze 155/5, 779 00 Olomouc.
4. In the event that the Buyer will send the Goods to the Seller by the shipping service, he / she should, in his / her own interest, pack the claimed Goods into suitable and sufficiently protective packaging material meeting the transport requirements so as not to damage the Carrier during transportation. For fragile Goods he should mark the consignment with the appropriate symbols. The consignment should include the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the defect complained of and the correct contact details of the Buyer.
5. The Purchaser is required to show in a demonstrable manner that the Goods were purchased at www.oakshop.cz or the Seller's Store. The original proof of purchase is optimal.
6. The liability for defects in Goods does not apply in particular to cases where a defect or damage has arisen:
- about mechanical damage to the Goods of demonstrably incorrect use,
- about use contrary to the instructions for use or instructions on the packaging or warranty
certificate,
- about use contrary to generally known usage rules,
- Proof of use in conditions which do not correspond to their temperature, dustiness, humidity,
chemical and mechanical effects of the environment directly determined by the manufacturer
or which clearly arise from the nature of the matter,
- if the warranty card submitted shows clear indications of the changes made to the data or if
the Goods are different from the number given on the warranty card or on the tax document.
7. The Seller's liability for defects does not apply to wear and tear caused by the usual use, for Goods sold at a lower price for a defect for which the lower price was agreed, for the used Goods for a defect corresponding to the degree of use or wear of the Goods upon taking over by the Buyer.
8. For gifts delivered by the Seller to the Buyer free of charge under a Purchase Agreement for other Paid Goods, no warranty or liability for defects beyond the scope of the law may be claimed. In case of withdrawal from the purchase contract, the Buyer is obliged to return the Goods, which are provided as a gift, to the Seller in its original condition.
9. At Buyer's request, the Seller is required to provide the Buyer with a written confirmation of defective performance obligations to the extent specified by law (warranty certificate). The warranty sheet must include the name or business name, ID and registered seat of the Seller. If the nature of the matter so permits, it is sufficient, instead of the warranty card, to issue to the Buyer a proof of purchase of the Goods containing data as a warranty card.
IV. Warranty period
1. The Buyer-Consumer is entitled to exercise the right to a defect that occurs on consumer goods within twenty-four months of receiving the Goods. The warranty period begins with the takeover of Goods by the Buyer.
2. The warranty period shall be extended by the period for which the Goods was repaired. In the case of replacement of Goods under warranty repairs, the original warranty period continues.
3. If the Purchased Goods is to be put into service by a business other than the Seller, the warranty period starts running from the date of placing the Goods in operation if the Purchaser commissioned commissioning within three weeks of the receipt of the item and provided the necessary co- . Date of commencement of Goods in operation is indicated in the document for placing the Goods into service, which is received by the Buyer. Therefore, the warranty period begins only if all the above conditions are met. If none of them is fulfilled, the warranty period starts running from the date of receipt of the item.
V. Rights of Goods Defects
1. If the property does not have the properties listed in Seller's Article Liability, the Buyer-Consumer may also require the delivery of new Goods without defects unless it is disproportionate due to the nature of the defect. If a defect affects only a part of the Goods, the Buyer-Consumer may only require replacement of that part, if this is not possible, it may withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, it is an insignificant breach of the contract and in such a case the Buyer-consumer always has the right to repair the thing entirely.
2. The Right to Deliver a New Goods or to Replace a Component shall also be provided by the Buyer-Consumer even in the case of a defect that can be remedied if he can not properly use the item for the repeated occurrence of a defect after repair or for a greater number of defects. In such a case, the Buyer-consumer has the right to withdraw from the contract. Repeated occurrence of a defect after repair is considered to be the same defect that has been removed at least twice in the warranty period and will be recurring. If the Goods were repaired at least three times for a variety of removable defects before the claim is claimed, it is considered to be suffering from a greater number of defects.
3. If the Buyer - the consumer does not withdraw from the contract or exercise the right to deliver the new Goods without defects, to replace their parts or to repair, they may demand a reasonable discount. Buyer-consumer has the right to a reasonable discount even if the Seller can not deliver the new Goods without defects, replace its part or Repair goods as well as if the Seller fails to remedy the remedy within a reasonable time or if the remedy provoked significant difficulties for the buyer - the consumer.
4. The right of defective performance of the Purchaser does not belong if the Seller of the Purchaser has pointed out before the Goods takeover that the Goods has a defect or if the Buyer caused the defect himself.
5. The buyer-consumer is entitled to withdraw from the contract in all cases mentioned in the NOZ and the Act. Withdrawal is effective against the Seller at the time when the Buyer-Consumer's Declaration of Withdrawal is handed over or delivered to it, provided that all legal conditions pursuant to §2001 et seq. NOZ In the event of withdrawal from the contract, the contract is canceled from the outset and the contracting parties are obliged to return everything they have provided on the basis thereof.
6. In the event of withdrawal, the Buyer is obliged to return to the Seller complete Goods including all accessories.
7. If a defect of goods that has been sold as used or sold at a discount taking into account its inferior quality at the time of sale, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.
VI. Claims handling
1. The Buyer-Consumers shall have their claims, including the removal of the defect, processed without undue delay, no later than 30 days from the date of the claim, if the Seller and the Buyer-Consumers do not agree for a longer period. The deadline for settling a claim begins on the day following the claim in accordance with § 605 of the NOZ. Upon expiry of this period, the Buyer-Consumers are granted the same rights as would be a material breach of contract. The 30-day period is not binding on the Buyer-entrepreneur.
2. The Buyer-Consumer may be interested in the outcome of the claim either at the address of the Seller where the claim was made or at its customer telephone line.
3. The Buyer is obliged to provide the Seller, or an Authorized Service Provider, with all the assistance to verify the existence of the defect claimed and to remedy it. Buyers are required to deliver Clean Products in accordance with hygiene regulations and general hygiene principles, including all parts and accessories.
4. The Buyer is obliged to hand over Goods to the Complaint Procedure. We also recommend that you attach a copy of the sales receipt, a detailed description of the defect and full contact details (address, phone, e-mail). In the event the Buyer fails to deliver the Goods completely and completeness is necessary to determine the existence of the defect complained of and / or to remove it, the period for settling the claim begins with the delivery of the missing parts.
5. In the event of a claim, the Buyer will receive a written confirmation - a complaint report that serves as a document for the settlement of the claim. The buyer is required to enter all the required data when writing the complaint log, the completeness and accuracy of which is confirmed by the signature of the complaint protocol. In the complaint log is information about when the claim was made, what its content is, and how the complaint is handled by the Buyer-consumer. If the Buyer-Consumer has sent a product to the complaint procedure via a shipping service, he will receive the complaint report by e-mail.
6. The Buyer-Consumers are entitled to the reimbursement of the expense incurred in making the claim, these costs being considered as the lowest possible. This is especially the postage for sending the claimed Goods. Buyer-consumer must reimburse these costs without undue delay, but no later than one month after the end of the period for exercising the rights of defective performance.
VII. Refusal to accept the claim
1. The Seller is entitled to refuse to accept the Goods in a claim if the Goods are contaminated or are contaminated by its components.
2. The Seller may also reject the Goods claim if the Goods are not handled in accordance with hygiene regulations and general hygiene principles.
VIII. Pickup Goods from warranty repairs
1. After the complaint has been settled, the Seller shall inform the Buyer either by SMS, e-mail or by telephone. If the Goods were sent by the shipping service, they will be sent to the Buyer's address after processing.
2. The Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the claim, the confirmation of the repair and the duration of the complaint, or the reason for the rejection of the claim.
3. In the event of failure to reclaim the Goods from warranty repairs within 2 months from the expiration of the warranty period, Buyer shall pay the Seller a storage fee of CZK 50 for each commenced day of delay with picking up the Goods.
4. When the Goods are dispatched after the claim has been settled, the Buyer is obliged to submit the document which he received on receipt of the Goods in the complaint, he must prove his identity.
This Complaints Procedure becomes effective and effective on December 1, 2018 and replaces any previous wording. Changes to the Claim Rules are reserved.
